Why should you care about Lie Detector Tests? They don't always work. They don't test whether a person is telling the truth - only whether their breathing and heart rate change or if they sweat. People who are nervous or worried can fail the tests - even if they are telling the truth. Test examiners who are running the tests can make mistakes, or want to "catch" someone to make the test look good – even if the test doesn't say someone is lying. There are also many stories about people being bullied during a test, which makes them more nervous.

If you are told to take a lie detector test, think about getting a lawyer.

The Law The federal Employee Polygraph Protection Act of 1988 (EPPA) says that employers cannot have an employee to take a lie detector tests in most situations. Workers cannot be asked to take a test before they are hired or without a reasonable suspicion that a certain worker hurt the company’s business. Lie detectors are any device that is used to make a diagnostic opinion about the honesty of a person, such as voice stress analyzers, polygraphs, and deceptographs. "Honesty" or "personality" tests that you answer on paper or computer are not covered.

Who is covered Most employees, even if the company only has a few employees. The law covers workers who are involved in or affecting interstate commerce (any business that buys or sells things across state lines), which is almost all businesses. If workers are protected by the law, their boss has to post a notice about the law.
Who is not covered: Federal, state, and local government employees are not covered (although most are covered by Civil Service rules, constitutional protections, state law, or union contracts). Federal contractors who do intelligence and security work, manufacturers and distributors of controlled substances, and some security services are not covered.

The Rules: Employers can only use lie detector tests if:

  • they have a good reason to suspect a certain worker AND
  • they are investigating something which cost the business money or hurt the business. Examples of situations that do NOT qualify as hurting a business include: drug use or sales at work, stealing from co-workers, accidents, routine shortages in inventory or cash drawers.

Employers cannot use lie detector tests:

  • When there are no suspects, as a "fishing expedition";
  • To find out if a worker has used drugs or alcohol;
  • Employees can’t volunteer to take a lie detector test (this protects workers from being pressured to "volunteer.")

Protections if your boss wants you to take a test:

  • You must be given 48 hours notice of the time and place of the test.
  • You must be told the evidence and reason for the test (for example, the specific incident being investigated and why you are a suspect).
  • You must be told what kind of test and equipment will be used.
  • Before the test, you can review the questions that will be asked.
  • You must be given a copy of the law that outlines the rights of employees when being given lie detector tests.
  • You can refuse to take the test. You cannot be fired or discriminated against just because you refused.
  • You must be able to talk to a lawyer or union representative before each part of the test.
  • You can stop the test at any time.
  • The person running the test must be bonded or have professional liability insurance.
  • The person running the test can’t recommend to the boss what to do based on the test results.
  • They cannot ask about religious, political, or racial beliefs, sexual behavior, or membership in unions.
  • They can’t ask any questions that you weren’t given before the test.
  • The company cannot give more than 5 tests each day and each test can only be 90 minutes long.
  • You cannot be fired or demoted based only on the results of the test (there has to be other evidence). 
  • After the test, your boss has to meet with you and discuss the test results before anything bad happens to you.
  • You must be given the test results and a copy of all questions that were asked.
  • The company has to make sure that only people who need to know see the test results.
  • Your boss can’t tell about your test results or that you refused to take the test to someone who is thinking of hiring you.

How the law is enforced: The law is enforced by the Department of Labor, Wage and Hour Division. File a complaint by letter to the local Federal Wage and Hour Division. If they find your rights were violated, your boss will be fined and ordered to pay you for any financial loss you suffered (rehire you with back-pay, promote you, etc). You can also sue your boss. You have three years to file a lawsuit.